JOPPY v. UNITED STATES

Filing 8

ORDER adopting Chief Magistrate Judge's 4 REPORT AND RECOMMENDATION. This cause is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. This di smissal is deemed a "strike" for purposes of 28 U.S.C. § 1915(g). All pending motions are DENIED as moot. Clerk is directed to enter judgment accordingly and close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 05/03/2017. (MB)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CALVIN JOPPY,
Plaintiff,
vs.

Case No.: 3:17cv194/LAC/EMT

UNITED STATES,
Defendant.
____________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated April 13, 2017 (ECF No. 4). Plaintiff has been furnished
a copy of the Report and Recommendation and has been afforded an opportunity to
file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have
made a de novo determination of the timely filed objections.
Having considered the Report and Recommendation, and the objections
thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The chief magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

This cause is DISMISSED without prejudice under 28 U.S.C.

Page 2 of 2

§ 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
3.

This dismissal is deemed a “strike” for purposes of 28 U.S.C. § 1915(g).

4.

All pending motions are DENIED as moot.

5.

The clerk is directed to enter judgment accordingly and close the file.

DONE AND ORDERED this 3rd day of May, 2017.

s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No.: 3:17cv194/LAC/EMT